General Inquiry Email
We strongly recommend that you contact a Planner for your particular area in order to determine the feasibility of your COA proposal.
Send an email & include the property address in the email.
The Committee of Adjustment is a committee that deals with consents and minor variances.
All development proposals must meet the terms of the City's Zoning By-law. Whenever changes are made to a particular site and any of the regulations are not complied with, you will need a minor variance or amendment to the by-law to legalize the situation. The variance can relate to the land, building or structure or its use.
Examples of minor variance applications may include, but are not limited to:
- New buildings or additions to existing buildings
- Porch enclosure or new deck
- New accessory buildings such as garages and sheds
- Enlargement, extension or change of use of any legal non-conforming building
- Parking spaces required for new or expanded businesses
Apply for Minor Variance
It is the applicant’s responsibility to determine if section 45(1.3) of the Planning Act applies to the Minor Variance application. This requires a two year period between passing of site specific zoning by-law amendment and applying for a Minor Variance.
Important tips when completing the nature and extent of the application (Item 4)
- This item is extremely important as this is the reason for the application. The Notice of Hearing for the application and the Decision are both formulated from this item. It is imperative that the applicant clearly indicate all of the variances being applied for in exact mathematical terms with proposed figures. If the applicant has any doubt as to why a variance application is necessary or as to the detail of the nature of the variances, then the applicant should contact the Building or Development Planning.
- The staff processing the minor variance application cannot look beyond the information provided in Item 4 and must process your application on the basis of information in Item 4.
- Any errors or omissions in Item 4 could result in discovery at the hearing that there is need for additional variances or a change requiring recirculation of your application resulting in further delay and in some cases the need for submission of an additional application with a further application fee.
- If the application is being made for a Second Dwelling Unit it must be clearly noted, specific policies apply.
- If the scope of work involves a reconstruction of an existing dwelling (building being all or partially demolished) it must be clearly noted, specific policies apply.
You will have to pay the application fee when you submit your application. Applications fees are non-refundable whether the application is approved or denied.
Fees can be paid by cash, cheque or credit card. Cheques must be made payable to the City of Hamilton.
|Routine Minor Variance (applies to Secondary Dwelling Unit, pools, decks, sheds, accessory buildings, porches, eave projections and recognizing legal non-complying situations)||$625|
|Variance(s) required "after the fact"||$4,325|
Conservation Authority Plan Review Fee
The Conservation Authorities within the city of Hamilton charge fees for their review of Planning Act applications. Once you submit your application, City staff will advise you if your application requires Conservation Authority review, and if so, which Conservation Authority your project falls within:
- Conservation Halton Review Fees
- Hamilton Conservation Authority Review Fees
- Niagara Peninsula Conservation Authority Review Fees
- Grand River Conservation Authority Review Fees
The fee is to be made payable to the appropriate Conservation Authority and you will have to pay the fee to the City upon request. We will forward the fee along with the application to the Conservation Authority. Combined applications will only be charged at the highest rate. The Conservation Authority reserves the right to request additional fees should the review require a substantially greater level of effort.
The application must be accompanied by a sketch or survey plan (in metric) containing this information (you may submit additional sketches if all information is not able to be provided on one plan):
You must provide these details with your sketch map:
- the true dimensions and boundaries of the property for which the application is being made (note: a sidewalk is not usually a lot line)
- the location, size and type (e.g. deck, single family dwelling etc.) of all existing buildings, structures or uses on the subject property, including setbacks measured from the front, rear and side lot lines
- the location, size and type (e.g. covered porch, 2-unit dwelling, parking spaces, etc.) of all proposed buildings, structures or uses on the subject property, including setbacks measured from the front, rear and side lot lines
- all projections from buildings and structures, including but not limited to eaves and gutters, steps, fire escapes/exterior staircases etc.
- location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that may affect the application (e.g. railways, trees, wells and septic tanks)
- location, width and name of any roads within or abutting the subject land
- location and nature of any easement affecting the subject land
- the information provided must be legible and drawn with good drafting techniques
- sketch paper size is a minimum of Letter (A4, 8.5x11.5) and at least one copy a maximum of Ledger (A3, 11.5x17).
Submit the completed application form, supporting documents, and fee(s):
Committee of Adjustment
71 Main Street West, 5th Floor
Hamilton, Ontario L8P 4Y5
Hamilton City Hall
71 Main Street West, 1st Floor
Email [email protected]
Electronic submissions must include:
- One (1) copy of the completed application form (all applicable sections filled out and commissioned)
- One (1) copy of the Survey or Site Sketch, including all required information per Section 3
- One (1) of any additional information, including studies; and
- Payment information, either credit card payment (name and phone number of the person paying, they will be contacted by staff) or scan/picture of cheque(s). All physical cheques must be mailed or dropped off at Hamilton City Hall.
Hard copy submissions must include:
- Two (2) copies of the completed application form
- Two (2) copies of the sketch or survey of the property must be submitted (one (1) full scale size and two (2) no larger than ledger size paper 11” x 17”)
- Five (5) copies of the information/reports if indicated as needed when completing the sections of the application form. The nature of the information/reports varies with the type of land uses proposed, the existing land use and topographic features.
- Payment, either credit card payment form or cheque(s)
Requirements After Submission
Once you apply for a Committee of Adjustment you are required to post a sign on the property.
The City of Hamilton will:
- Provide a cardboard sign to the applicant when you submit the application or we will contact you to pick up a sign for the subject property.
- Send you a copy of the notice. You must insert the notice into the sleeve on the sign.
You will need to:
- Post a sign on the subject land.
- Post the sign on the property so that it is visible to the public.
- Leave the sign on the property until the appeal period has been completed.
Once you submit your application, a public hearing will be set within 30 days of the date of submission.